IFFCO TOKIO GENERAL Vs. DEEPAK KUMAR

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and award dtd. 1/6/2011, passed by the Motor Accident Claims Tribunal and Special Judge (Dacoity Effected Areas), Dholpur (for short 'learned Tribunal') in Motor Accident Claim Case No. 262/2008, whereby, the learned Tribunal has awarded a sum of Rs.3,05,400.00 as compensation along with interest @ 7.5 percent in favour of the claimant-respondent.

(2.) Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing both the sides, decided the claim petition in favour of the claimant-respondent.

(3.) Learned counsel for the appellant-Insurance Company raised objections on the findings recorded by the learned Tribunal on issue No.1, on the ground that there was a delay of 27 days in lodging of FIR. The accident occurred on 9/4/2008 and the FIR was lodged after a lapse of 27 days i.e. on 4/5/2008. So, delay in lodging the FIR creates doubt on the story of the accident.